Agbakoba Insists On Federalism As Most Effective Political System

A former President of the Nigerian Bar Association (NBA), Mr.
Olisa Agbakoba, (SAN) has said for a country like Nigeria with so
many ethnic nationalities and looking for a framework that would
harmonise the often conflicting interests of these nationalities,
the most effective political system would be federalism.

Agbakoba said federalism would enable the country to have
diverse ways of organising itself despite of its large population
and territory,

The Senior Advocate had recently proposed a new development
model, called Cooperative Federalism, while presenting a document
titled, “Legal and Institutional Restructuring for Next Nigeria” at
a press conference in his Ikoyi, Lagos office.

He had said political federalism or by its more popular name
“restructuring” may be the way to go, but it has not been
understood and generally accepted.

He said the agitation for restructuring by sub-national groups
was causing harm to the country “because President Muhammadu Buhari
does not believe in it.”

He called for the suspension of the agitation for the political
restructuring of the country, and proposed the new model of
Cooperative Federalism.

However, some ethnic sub-nationalities like Afenifere, Southern
and Middle Belt Leaders Forum have rejected Agbakoba’s proposal,
insisting that restructuring was the only way to move the country
out of its current crisis.

As a follow-up to his earlier proposal for Cooperative
Federalism, in a statement he issued yesterday, titled: ‘Can
Cooperative Federalism Work?’ Agbakoba said the purpose of a
federation was for different power centres – federal and states to
cooperate.

According to him, Cooperative Federalism simply means states and
the federal government could work together for economic
development.

“Nigeria is a country of so many ethnic nationalities and so has
been striving to evolve a workable framework that harmonises the
often conflicting interests of these nationalities. As a result of
our large population and territory, the most effective political
system is federalism because it enables us to have diverse ways of
organising ourselves.

“Many people say the 1963 Republican Constitution was the best
ever because it allowed the different regions to express
themselves. The South produced cocoa, the North groundnut and the
East palm oil. There was space for each region. But today people
criticise strong unitary federalism because it forces the component
units under a strong centre and so most people feel returning to
the 1963 Constitution is better and therefore restructuring has
become a big issue. But restructuring has challenges because it has
to be nationally accepted but has not.

“The issue is whether to look for other models? Restructuring is
like sitting atop a 10-storey building which we will eventually get
to. But we have to come from the ground floor to go up. This is why
I have proposed Cooperative Federalism for consideration. Of
course, there are many other models of federalism.

“George Anderson, in his book, ‘Federalism: An Introduction’ has
identified some of the models. There are dualist and integrated
models of federalism. The dualist model typically assigns different
jurisdictions to each order of government, which then delivers and
administers its own programmes. The integrated model provides for
many shared competences and the constituent – unit governments
often administer centrally legislated programmes or laws. Under the
dualist, or classical, model of federalism, constitutional
jurisdiction over different subjects is usually assigned
exclusively to one order of government.

“In this model, each order of government normally delivers
programmes in its area of responsibility, using its civil service
and departments; the federal government’s departments are thus
present throughout the country. In practice, the dualist model does
not achieve a neat separation of powers because so many issues have
regional, national, even international dimensions and many
different responsibilities of governments are themselves
intertwined. In all dualist constitutions, there are some shared or
concurrent powers in which both orders of government can make
laws,” he stated.

The former NBA president explained that based on the principle
of ‘subsidiarity’ in federalism which is incorporating the
government closest to the people, infrastructure could be commonly
developed.

He cited as instance, the East-West Highway that has been
uncompleted because responsibility excludes relevant state
governments, adding that under the principle of subsidiarity
including state governments improves implementation and also
ownership.

“States with solid minerals can have cooperative federalism with
the federal government to explore their solid minerals. Ondo State
has one of the world’s richest bitumen. Enugu has one of the
world’s richest reserves of coal. Ebonyi State has one of the best
salt mines valued at about N14 billion. What stops states from
cooperating with the federal government to harness minerals?

“Look at police, in the constitution under the National Police
Council, all the 36 state governors play a role in picking the
Inspector General of Police but the states have never requested
that the President summon a meeting of the Police Council since
1998 yet they complain. Actually, under the current constitution
under both the exclusive and concurrent list, schemes of
cooperation exist but it has not been harnessed. For example,
states can build power stations and there are several other
schemes. So rather than looking to restructuring which is distant,
it is good to look at what is in the 1999 Constitution because that
cooperation will allow development.

“This is no way derogates from restructuring. It simply means we
all have to work towards attaining the goal of restructuring but we
can have Cooperative Federalism to deepen the process of
democracy,” Agbakoba explained.